Taken Ebay to Small Claims Court

the_lunatic_is_in_my_head

ItsComingRome said:

the_lunatic_is_in_my_head said:

It's unclear what happened but eBay handle the payments and the adjudication process, eBay may have well have acted outside their terms and conditions. 

Without the finer details of why the buyer was refunded without returning the goods it's hard to say.

Usually the buyer is told to keep the item if they claim it's not as described and the seller doesn't deal with the return, although that situation wouldn't give the seller much of a claim against eBay. 

2019 accounts show a profit of £23 million. 

eBay UK absolutely DO NOT handle payments.

eBay Europe Sarl do, and they are not the ones the OP has taken to court.

eBay Commerce UK (the ones the OP transacted with) absolutely do not show profits of £23 million in 2019, are you making this up as you go along?  They showed a profit of £1962.

Please, go back to copying and pasting the Consumer Rights Act.  You're completely out of your depth everywhere else.

https://find-and-update.company-information.service.gov.uk/company/03726028/filing-history

Last full accounts for EBAY (UK) LIMITED filed in 2020 show £23 million in profit. 

EBAY COMMERCE UK LTD isn't the company the T&Cs state you are contracting with, EBAY (UK) LIMITED is. 

You are indeed correct that eBay Europe Sarl handle payments, my mistake and I'm always happy to be corrected, however EBAY COMMERCE UK LTD is the company taking over payments for items sold on eBay from the 11th of Oct 2021.

https://pages.ebay.co.uk/payment/2.0/terms.html

ECUK is replacing eBay Sarl as the Responsible Payment Entity for the sale of items listed on ebay.co.uk. For most sellers this change is effective October 11, 2021.

prowla

the_lunatic_is_in_my_head said:

ItsComingRome said:

the_lunatic_is_in_my_head said:

It's unclear what happened but eBay handle the payments and the adjudication process, eBay may have well have acted outside their terms and conditions. 

Without the finer details of why the buyer was refunded without returning the goods it's hard to say.

Usually the buyer is told to keep the item if they claim it's not as described and the seller doesn't deal with the return, although that situation wouldn't give the seller much of a claim against eBay. 

2019 accounts show a profit of £23 million. 

eBay UK absolutely DO NOT handle payments.

eBay Europe Sarl do, and they are not the ones the OP has taken to court.

eBay Commerce UK (the ones the OP transacted with) absolutely do not show profits of £23 million in 2019, are you making this up as you go along?  They showed a profit of £1962.

Please, go back to copying and pasting the Consumer Rights Act.  You're completely out of your depth everywhere else.

https://find-and-update.company-information.service.gov.uk/company/03726028/filing-history

Last full accounts for EBAY (UK) LIMITED filed in 2020 show £23 million in profit. 

EBAY COMMERCE UK LTD isn't the company the T&Cs state you are contracting with, EBAY (UK) LIMITED is. 

You are indeed correct that eBay Europe Sarl handle payments, my mistake and I'm always happy to be corrected, however EBAY COMMERCE UK LTD is the company taking over payments for items sold on eBay from the 11th of Oct 2021.

https://pages.ebay.co.uk/payment/2.0/terms.html

ECUK is replacing eBay Sarl as the Responsible Payment Entity for the sale of items listed on ebay.co.uk. For most sellers this change is effective October 11, 2021.

Ah a win for Brexit!

bLaZer666_uk_2

Which part do people not understand. The court has made the decision in my favour.. Ebay owe me the money not the 3rd Party. ebay took the money from me without any proof of receipt/return its quite simple

I have issued the warrant to ebay UK headquarters.. its quite simple..

bLaZer666_uk_2

the_lunatic_is_in_my_head said:

That may be so but they still exist as an entity in the UK, one which generates a profit each year so must have cash somewhere, presumably in a bank or similar. 

Er like eBay UK headquarters?

bLaZer666_uk_2

ItsComingRome said:

the_lunatic_is_in_my_head said:

It's unclear what happened but eBay handle the payments and the adjudication process, eBay may have well have acted outside their terms and conditions. 

Without the finer details of why the buyer was refunded without returning the goods it's hard to say.

Usually the buyer is told to keep the item if they claim it's not as described and the seller doesn't deal with the return, although that situation wouldn't give the seller much of a claim against eBay. 

2019 accounts show a profit of £23 million. 

eBay UK absolutely DO NOT handle payments.

eBay Europe Sarl do, and they are not the ones the OP has taken to court.

eBay Commerce UK (the ones the OP transacted with) absolutely do not show profits of £23 million in 2019, are you making this up as you go along?  They showed a profit of £1962.

Please, go back to copying and pasting the Consumer Rights Act.  You're completely out of your depth everywhere else.

eBay UK are absolutely the ones at fault. The have received all relevant correspondence from the court. They failed to respond so the judgement has been found in my favour. I am at the stage of warrant issue not at the stage of arguing who is responsible for the money. eBay had every chance to reply to my claim (via emails to customer service, telephone calls and court summons. Because eBay UK have failed to respond at every given chance they are indeed responsible for the monies owed. Warrant has been issued to eBay UK Ltd, they now have to pay me... 

bLaZer666_uk_2

Thrugelmir said:

Ectophile said:

ItsComingRome said:

the_lunatic_is_in_my_head said:

That may be so but they still exist as an entity in the UK, one which generates a profit each year so must have cash somewhere, presumably in a bank or similar. 

They have naff all if you look at the financial reports, and if the OP rattles their cage they'll just get the case set aside.  They owe the OP nothing,  the OP sued the wrong entity.

OP has won the case in court. If eBay want to reopen it, they will have to pay the court a fee to do so, which is likely to cost more than the OP is claiming. If there aren't any assets to seize, then the OP could ask for a winding up order against the company. If it has no assets to pay its debts, it must be bankrupt.

OP hasn't won. Ebay haven't defended the claim. A winding up petition will cost in excess of £1k to even issue. 

Er I have won.. that is the whole point.. Also eBay UK LTD revenue for 2020 was 1.3 million.. plenty of assets there for me to grab..

bLaZer666_uk_2

ItsComingRome said:

ThumbRemote said:

ItsComingRome said:

Your claim should have been against the buyer, not eBay.

I wonder if you could expand on why you think this. It is eBay who have taken the money from the OP and passed it onto the buyer. 

Because they're a middle man.  If you use your debit card and the buyer runs off with your money, you legally have consumer rights against the buyer, not the bank, or their merchant provider.

This is basic level stuff here.

Ebay are not the middle man when they decide to refund the buyer without returning the goods to me.. they have become responsible for the goods. If I dont get my goods back.. eBay owe me. It is not my problem the seller did not return the item. I gave them the postage and details to return the item. I told eBay the item had not been returned as the buyer did not send the item back.. eBay took the money off me.. so my dispute is with them..

bLaZer666_uk_2

In response to my Original question regarding the warrant fees £55.. I indeed have to pay for the warrant (so the bailiffs can go in) So I am happy now to do this ... I will be £55 out of pocket due to this.. but that is better than being £450 out of pocket for the claim. 

DCFC79

Keep us updated with how you get on.

pinkshoes

Good luck in getting your money from eBay. I hope you do, so please get us posted.

Personally I would have gone after the buyer as they have an item they have not paid for.